Can I fight city hall? Need Opinions, please!

[preb]

We recently purchased an inflatable pool at K-mart for $59.00 for my 4 year old to splash around in in our backyard. It is 10 feet around and about 30 inches deep. We set it up on our patio so it wouldn't kill the grass and she has been having a blast with it. Our yard is a large corner lot in a suburb and it is fenced with a chain link fence.

On Saturday, I received a notice from the city that we are in violation of the building codes for installing an above ground pool without a permit. It states that the pool must be drained immediately and the proper permits must be obtained.

I called the city this morning, thinking this must be some sort of joke. They assured me it was not. In order to keep the pool, we must install a flat sided, non climbable fence around the perimater of the pool area, alarm our back door that exits to the patio and obtain a safety cover (hard) for the pool, plus of course the $25.00 permit. There are no exceptions.

As this will cost several thousands of $ to do, it obviously isn't even an option. If we don't comply by July 30th, we will be ticketed.

They have assured me that this is a law in the state of Michigan. Kiddie pools aren't allowed anywhere in the state?

What would you do? Just drain the pool and chalk it up to government gone overboard? Or, write some letters to city hall and put up a stink?

I'm still looking around trying to spot the candid cameras that must be hiding somewhere!

 

[disykat]

Wow! I'm all for requiring fences around pools, but am really surprised that your wading pool in a fenced yard is considered a problem. I can't imagine that anyone old enough to be unsupervised and climb your chain link fence would get into any trouble.

I just returned from a trip where we drove around multiple states. I was surprised by how many unfenced pools we saw since it is a requirement in our state.

 

[mrsv98]

Wow, that's really restrictive! My village lets us have a pool as long as it is less than 3' deep. Maybe it is the diameter that is the problem. With the advent of all of these easy to set-up pools, I think a lot of places are going to have to rethink the restrictions. I would call them and ask the max size for a temp pool, and maybe also what constitues a temporary pool. After you have the info, perhaps you can attend a village board meeting and ask them what prompted the laws and if there is a way to appeal. Good luck!

 

[ChefBilly]

Definitely ask for a definition of "above ground pool." I'd keep stressing that you have a "kiddie pool."

I DESPISE when people stick their nose into your business.
I love my state, and it's motto: Live Free or Die.

(I always thought they could change it to "Live Free and Stay Outta My Yard.")

Who's the nosy jerk that turned you in, anyway?

 

[Rajah]

Oh for cryin' out loud. I'm all for encouraging pool safety, but come on! Kids can't have kiddy-pools any more?

I'm sorry.

 

[MosMom]

We had the pool you have and it does say in the manual that they are large enough to be subject to city codes regarding pool safety. They are 3 feet deep, not really a wading pool. Well, if it is the one I'm thinking of...we had an Intex pool that has the inflatable ring at the top so it will rise as you fill it. We didn't put it up this year because last year I was paranoid that some kid would come drown in it and I would be sued.

However, if your yard is fully enclosed by a chain link fence...I'm confused as what type of fence you would need. Any fence is climbable....should we be putting barbed wire at the top? That is the thing that gets me. Those pools are definitely large enough to drown in so I understand the fencing issue, but you have one! I don't see why a normal fence isn't good enough.

If that is the law, it is probably because some parent wasn't watching their child and they climbed a fence and drowned. Since personal responsibility holds no place in our society anymore, it wouldn't surprise me that just having a normal fence isn't good enough anymore.

If you have money to spare, I would take the ticket and fight it in court.

 

[preb]

From what I understand, the line between a kiddie pool and an above ground pool in Michigan is drawn at 24 inches. The current depth of ours is 30 inches and I offered to drain it down to 24 inches, but they said that wasn't acceptable.

Regarding the fences, they stated that it had to be "flat sided and non climbable", such as a privacy fence with the flat side out. Now, that would look very attractive and be so functional around my patio! We can't even put a privacy fence around our entire lot, as we are on a corner lot with easement and already lost that battle with the city a few years ago.

As for who turned us in...there is some new construction in our subdivision and my guess is that the inspector just drove by on his way to another inspection.

This is my tax dollars at work?!?

I'm thinking I'll take the ticket on principal, but I don't know how far I would get in fighting it. If it's the law and I've been warned, I don't think I'll have much of a case.

 

[Kermit]

I guess they have to draw the line somewhere about what's a kiddie pool and what's a real pool, but I agree that it does seem a little silly.

Do you have the option of draining the pool between uses? I know that it would be a lot of water to fill it each time, but at least you could use it a few times this summer and try to get your money's worth.

 

[doxdogy]

Can you take it back to KMart and exchange it for one that is 24 inches? How in the world did they find out that you have a pool?

 

[smiley]

Since you have a chain link fence would you be able to modify it with those slender wooden (privacy) slats which are made to insert into the links? It seems like that might make it pass for a non-climbable fence if you did that.

Either that or drain it after every use.

I understand you being upset, but if it were me I would definitely not just leave it there without doing anything and just take the citation. If you do decide to leave the pool in place you may want to find out how often they will issue you a ticket with a fine. If the answer is every day, it could get to be very expensive.

Good luck.